Author Question: Considering that the Bill of Rights was designed as a series of limitations on the federal ... (Read 29 times)

Chloeellawright · **on:** Aug 17, 2018

Considering that the Bill of Rights was designed as a series of limitations on the federal government, does it make sense that many of the same limitations have been applied to all states by the United States Supreme Court? Take a position and defend it.

What will be an ideal response?

Question 2

Define and explain the difference between judicial restraint and judicial activism.

What will be an ideal response?

juiceman1987 · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Answer: Answers should include a discussion of the various incorporation arguments, including the total incorporation perspective; the selective incorporation, or the fundamental rights perspective; the total incorporation plus perspective; and finally the view that some have that the topic of incorporation deserves a case-by-case consideration. The important aspect of this question is the position taken and the analytical support given to the answer. Which incorporation perspective makes the best sense to the writer, and why? Poor answers will merely recite definitions and have minimal analysis.

Answer to Question 2

Answer: Good answers should identify judicial restraint as limiting a decision to the facts of the particular case before the court while judicial activism sees cases as an opportunity to interpret the constitution with an eye for sweeping changes in the future.